Lawyer Monthly - April 2023

the regulator). • The capping and tightening of home care fees. • The introduction of quarterly reporting of star ratings of aged care services. • The introduction of an Independent Health and Aged Care Pricing Authority. • The creation of an Independent Commissioner of Aged Care, a precursor to a permanent Commissioner and function. • Extension of some prudential compliance requirements. Reforms under these Acts to commence in 2023 and 2024 include, but are not limited to: • The introduction of a requirement for a registered nurse to be on duty in residential aged care homes 24/7. • The introduction of a mandatory 200 care minutes per resident per day. This requirement is dependent on the size of the residential aged Practitioners advising aged care clients need to be aware of all these reforms and able to support aged care providers as they respond to the changes. Frequently, the need for legal advice and support is urgent. In some cases, these reforms, together with the impact of funding deficits and significant workforce pressures, may include assisting providers with consolidation and transformation as they rebalance their portfolios. Recently, the Australian government has embarked on what it describes as a legislative reform of aged care. Can you tell us more about these reforms and what has been achieved to date? Arising from the Royal Commission into Aged Care Quality and Safety, two reform Acts were passed in 2022: the Aged Care and Other Legislation Amendment (Royal Commission Response) Act (Cth) 2022 and the Aged Care Amendment (Implementing Care Reform) Act (Cth) 2022. Reforms under these Acts that have already commenced include, but are not limited to: • The introduction of a new funding model. • The introduction of an Aged Care Code of Conduct and further regulation of those working in aged care. • Changes relating to the composition of boards, regulation of key personnel of aged care providers and issues of materiality for aged care providers. • Changes relating to the consent to restrictive practices. • The extension of the Serious Incident Response Scheme (a scheme requiring mandatory reporting of significant incidents to 74 LAWYER MONTHLY APRIL 2023 First and foremost, aged care clients require accurate, timely, insightful and helpful legal advice and supports.

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